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Archive for the ‘Illinois workers comp’ Category

Can Independent Contractors Receive Workers’ Compensation Benefits in Illinois?

April 29th, 2021 at 12:54 pm

contractorEven though all employers are required to carry workers’ compensation insurance, not all those who work for that employer are covered. Technically, only true employees are eligible for coverage under workers’ compensation, but many companies also employ a variety of other workers, such as independent contractors. However, independent contractors are not eligible to receive benefits through workers’ compensation, even if they are injured while working. Some work injuries can be serious and require extensive medical care and time off from work, placing unnecessary stress on you and your family. If you have been injured as an independent contractor and your employer has stated that you are ineligible for workers’ compensation benefits, an Illinois attorney can help.

Employee Misclassification is Common

Even though both independent contractors and employees work for an employer, there are differences in their employment status and benefits. Though there are federal laws to distinguish an employee from an independent contractor, the Illinois Workers’ Compensation Commission considers all workers to have an employment relationship with their employer unless otherwise stated. Misclassifying workers is a common reason why a workers’ compensation claim can be denied by your employer. Misclassifying workers allows employers to avoid paying payroll and unemployment taxes on that worker’s earnings, but it also means the employer can face penalties if they willfully misclassify an employee.

Am I an Employee or an Independent Contractor?

The criteria that the Workers’ Compensation Commission uses to determine whether a worker is an employee or an independent contractor is slightly different than the criteria that the federal government uses. According to the Commission, a person is not an independent contractor unless that person:

  • Has and will continue to be free from the employer’s control over their performance of their services;
  • Provides a service either outside of the usual type of business or services the company provides or that service is performed outside of of the company’s locations; and
  • Has an independently established trade, occupation, business, or profession.

Contact a Cook County Workers’ Compensation Attorney

For the average family, being injured at work and being denied workers’ compensation benefits could cause extreme financial stress. It is important that your employer correctly classifies your employment status, but they do not always do this. If you have been injured at work and you are unsure of whether or not you qualify for benefits, you should speak with a skilled Chicago, IL workers’ compensation lawyer. At the Law Offices of Francis J. Discipio, we can help you determine whether or not you are entitled to workers’ compensation benefits and your options for recovering that compensation. To schedule a free consultation, call our office today at 630-574-2288.

 

Sources:

https://www2.illinois.gov/idol/Employees/Pages/Employer-Misclassification-of-Workers.aspx

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

 

How Long Can I Collect Workers’ Compensation Benefits?

July 16th, 2020 at 11:06 pm

IL job injury attorney, Illinois workers comp lawyerAn injury can result in pain and suffering, a heap of medical bills, and/or other damages. To help those who have suffered an injury stay afloat, the state of Illinois passed the Illinois Workers’ Compensation and Occupational Diseases Act. Due to the complexity of the bill and the nature of the injury suffered, it is important to consult with a workers’ compensation attorney.

An Overview

Workers’ compensation is a system of the state law that requires employers to pay or have insurance that pays for any injuries that result while on the job. If you have suffered a work-related injury, you are most likely covered under workers’ compensation as long as you are an employee. Those covered include:

  • Full  and part-time employees
  • Minors
  • Undocumented immigrant workers

In order to be eligible for benefits, you must establish the injury happened as a result of your employment and occurred during working hours.

Workers’ Compensation Categories

The amount of time an injured worker may collect benefits for depends on the severity of the injury. Within the Illinois Workers’ Compensation and Occupational Diseases Act, an injury can fall into one of four categories:

  1. Temporary partial disability: TPD includes those who sustained a work-related injury that only temporarily limits their ability to work.
  2. Temporary total disability: TTD pertains to cases in which a worker is disabled for a period of time, but is expected to recover and return to work. The length of compensation solely depends on the length of time away from work.
  3. Permanent partial disability: Similar to permanent total disability, permanent partial disability incorporates an extended period of benefits. However, some work must still be performed. The benefits earned may replace the ones that were previously lost, even though additional ones may be gained.
  4. Permanent total disability: Permanent total disability refers to those who are no longer able to return to work whatsoever. Indefinite benefits will provide on behalf of the inability to work.

The amount of benefits you receive can depend on your average weekly wage at the time of the injury.

Contact an Illinois Workers’ Compensation Attorney Today

If you have suffered a work-related injury, you may be eligible for compensation. Contact a Chicago workers’ compensation attorney from the Law Offices of Francis J. Discipio, and allow us to calculate your eligibility and the level of benefits you deserve. Call our office at 630-574-2288 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

What Risks Do Delivery Drivers Face On the Job?

November 29th, 2019 at 4:49 pm

IL work injury lawyer, IL workers comp attorneyWith it beginning to be the season of giving, delivery companies are hiring on extra help to get packages from merchant to customer. A delivery driver can expect shipments to weigh up to 70lbs, so there is often hard labor involved when getting packages to their final destinations. Even with the extra help, there is pressure on all delivery drivers this time of year. Heavy orders and poor weather conditions can lead to injuries that affect a driver’s ability to work. When this happens, workers’ compensation steps in to provide benefits.

Most employers are required to have workers’ compensation insurance and all workers who are not contractors can request benefits. If a person is injured on the job or develops an injury or illness because of work, workers’ compensation will provide support to the injured or sick employee. Benefits include payment for lost wages and medical care due to the work injury. Treatment and compensation can only be for what was caused by employment and must be more severe than what a basic first aid kit can handle.

Like any laborer, delivery drivers risk injuries due to the nature of work. A person doing groundwork at UPS can expect the average package to weigh 25 – 35 lbs. People can order anything from bulk products to furniture, and it is a driver’s responsibility to get it from truck to doorstep.

Sprains and strains can happen easily with large and heavy packages. This kind of pain can be felt right away and is tearing or stretching of ligaments in the body. Common sites for sprains or strains are ankles, knees, wrists, and hands. A minor sprain can be treated at home, but a strain may require surgery to fix the damage. Either requires rest and time off of the affected area.

Anyone can slip and fall at work, a delivery driver may be required to walk on uneven and poorly managed properties. Poor footing and not being able to see the ground with a large parcel can lead to a fall. Drivers may also slip getting out of the driver’s seat, or getting a package from the back.

Contact a Cook County Workers’ Compensation Attorney

Improper lifting techniques or inexperience can cause injuries on the job. Even if an injury happens that is the fault of the employee may still be eligible for workers’ compensation benefits. To make sure all potential benefits are fulfilled, contact a Chicago worker’s compensation attorney today. Contact us at 630-574-2288 to arrange a free consultation.

 

Sources:

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx

https://www.jobs-ups.com/job/chicago/package-delivery-driver/1187/690853?utm_campaign=google_jobs_apply&utm_source=google_jobs_apply&utm_medium=organic

https://www.mayoclinic.org/diseases-conditions/sprains/symptoms-causes/syc-20377938

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